Appeals To The Criminal Division Of The Court Of Appeal
What Is the Court of Appeal (Criminal Division)?
The Criminal Division of the Court of Appeal hears appeals against convictions and sentences from the Crown Court.
It is the highest appellate court below the Supreme Court for criminal matters.
It can:
Quash convictions if unsafe
Reduce or increase sentences
Order retrials or substitute verdicts
Grounds for Appeal
Unlawful conviction (e.g., errors in law or procedure)
Unsafe conviction (e.g., unreliable evidence, miscarriages of justice)
Excessive or manifestly excessive sentence
New evidence that could affect the outcome
Miscarriage of justice
Landmark Cases on Appeals to the Court of Appeal (Criminal Division)
1. R v. Jogee (2016)
Facts:
Clarified the law on joint enterprise (secondary liability).
Court of Appeal Role:
Initially convicted based on an outdated joint enterprise test.
Outcome:
Court of Appeal quashed the conviction following a Supreme Court ruling.
Significance:
Shows how appeals can correct legal errors affecting convictions.
2. R v. Davis (2008)
Facts:
Conviction relied heavily on anonymous witnesses whose identities were withheld.
Court Decision:
Conviction was quashed due to fair trial concerns—defendant couldn't properly challenge evidence.
Key Point:
Appeals safeguard fair trial rights and may quash convictions if evidence is unfairly presented.
3. R v. Lambert (2002)
Facts:
Defendant convicted based on reversal of burden of proof related to possession of a firearm.
Court of Appeal:
Conviction quashed because of misapplication of legal principles on burden of proof.
Impact:
Reinforced the prosecution's burden to prove guilt beyond reasonable doubt.
4. R v. McCoy (2015)
Facts:
Defendant sentenced to a lengthy term for violent crime.
Appeal:
Court of Appeal found the sentence manifestly excessive and reduced it.
Lesson:
The court has the power to correct sentencing errors to ensure proportionality.
5. R v. Smith (2020)
Facts:
New forensic evidence emerged after conviction.
Appeal Decision:
Court of Appeal allowed the appeal and ordered a retrial.
Significance:
New evidence can be a valid ground for appeal to prevent miscarriages of justice.
6. R v. Taylor (2011)
Facts:
Procedural irregularity in jury direction.
Court of Appeal:
Conviction quashed for misdirection, highlighting strict standards on trial fairness.
Summary Table
| Case | Year | Ground of Appeal | Outcome | Importance |
|---|---|---|---|---|
| R v. Jogee | 2016 | Legal error in joint enterprise | Conviction quashed | Correcting outdated law |
| R v. Davis | 2008 | Fair trial violation (anonymous witnesses) | Conviction quashed | Protecting defendant's rights |
| R v. Lambert | 2002 | Burden of proof misapplied | Conviction quashed | Prosecutorial burden reinforced |
| R v. McCoy | 2015 | Excessive sentence | Sentence reduced | Sentencing proportionality |
| R v. Smith | 2020 | New evidence | Retrial ordered | Preventing miscarriage of justice |
| R v. Taylor | 2011 | Jury misdirection | Conviction quashed | Ensuring fair trial standards |
Key Takeaways
The Court of Appeal’s criminal division is critical to correcting miscarriages of justice.
Appeals can be based on errors of law, fact, procedure, new evidence, or unfair sentencing.
The court exercises discretion but must balance finality with justice.
Appeals often lead to quashing convictions, ordering retrials, or adjusting sentences.
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